Laws on Marital Misconduct
Although fault does not need to be determined to get divorced, in some states, the “conduct of the spouses during the marriage” is a factor that a family court can consider in justly dividing marital property and debt and determining spousal maintenance. This can make marital misconduct highly relevant. In some states, the courts have the ability to look at conduct as well. But, oftentimes, courts look at it primarily when there is an economic impact as a result of the misconduct. Other states, on the other hand, exclude marital misconduct from any consideration regarding property and debt division or spousal maintenance. In some cases, any misconduct such as the dissipation of assets can have an effect on the final distribution of any marital assets. There are also states that have done away with all fault-based grounds. Yet, in determining child custody, marital misconduct could have a bearing on the best interests of the children.
In some cases, it might be beneficial to hire a private investigator to investigate marital misconduct or other concerns that you may have. In these cases, we can get you to a private investigator who can help.
For more information, please feel free to visit one of our blog posts: In your deposition, don’t try to convince opposing counsel you’re right What effect does marital misconduct have in a divorce?
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If you are going through a divorce and need legal representation, you can contact us online or call us at 855-805-0595.
